New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 57.5

57.5 Evidence in support of application under section 41 or 54

(cf SCR Part 76, rule 11)

(1) The evidence in support of an application under section 41 or 54 of the NSW Trustee and Guardian Act 2009 must include the following--

(a) an affidavit or affidavits setting out--

(i) the conduct and conversation or conversations claimed to establish that the defendant is incapable of managing his or her affairs, and

(ii) the nature and amount of the property of the defendant, and

(iii) the names of the defendant's nearest relatives, so far as they are known, and the attitude of each of them to the application, and

(iv) the name of, and reason for selecting, the proposed manager,

(b) the affidavits of at least 2 medical practitioners or other persons qualified to give an expert opinion on the defendant's condition, each of whom must set out--

(i) his or her formal qualifications, the extent of his or her experience in practice and his or her special qualifications in regard to questions relating to the defendant's condition, and

(ii) his or her diagnosis of the defendant's condition, explained in his or her own words and set out in his or her own handwriting, and

(iii) that, in his or her opinion, the defendant is incapable of managing his or her affairs, and

(iv) the reasons for that opinion or the tests on which that opinion is based, set out in his or her own words and handwriting,

(c) except where the proposed manager is--

(i) the NSW Trustee and Guardian, or

(iii) a trustee company,

the affidavits of at least 2 persons as to the fitness of the proposed manager,

(d) except where the proposed manager is--

(i) the NSW Trustee and Guardian, or

(ii) the plaintiff,

a consent executed by the proposed manager and an affidavit verifying the execution of the consent.

(2) Subrule (1)(a) and (b) do not apply to an application under section 54 of the NSW Trustee and Guardian Act 2009 .